FMLA Laws & Employer Medical Files
The Family Medical Leave Act of 1993, more commonly known as FMLA, is a U.S. law enacted to provide American workers with a better work-life balance. The FMLA works in conjunction with the Fair Labor Standards Act (FLSA,) Americans with Disabilities Act (ADA) and other provisions to ensure workers are treated fairly in the workplace. The FLSA and FMLA both consist of specific record-keeping requirements designed to ensure employers maintain compliance, including safeguarding employee medical files.
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Record-keeping
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Both the FLSA and FMLA require that employers maintain certain records on all employees. For example, employers must maintain basic records, including identifying information such as name and address for each employee, hours worked and compensation. This also applies to medical records relating to FMLA leave taken by employees. The employer must maintain copies of all FMLA forms and notices, such as Form WH-380-E, which is the Certification of Health Care Provider for Employee's Serious Health Condition, and Form WH-380-F, the Certification of Health Care Provider for Family Member's Serious Health Condition. A list of relevant forms is available on the United States Department of Labor website.
Confidential Medical Files
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Employers may keep confidential medical files on employees as long as the medical information in the files is relevant to the employee's work-related FMLA or ADA situation. For example, employers commonly maintain medical records regarding specific medical conditions that qualify an employee for an FMLA leave. The employer may also maintain medical files documenting an employee's condition that requires the employer to make accommodations in compliance with the ADA. However, it is essential that managers and supervisors not be given unlimited access to the employer's confidential medical files.
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Access to Files
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By law, access to these confidential medical files should be restricted to employees who have a need to know the information in order to conduct business. For example, a payroll or human resources representative may need access to the information to ensure that the employee is properly compensated during an FMLA leave. Supervisors and managers may occasionally need access to medical information to make accommodations for workers with disabilities, whether short term or long term. A separate confidential medical file must be maintained for each employee, and these files must be maintained separately from regular personnel files. Finally, employers must provide access to employer medical files to government officials in charge of investigating whether the employer is in compliance with ADA and FMLA laws.
Format
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FMLA laws don't require a specific format for the maintenance of employer medical files. While employers are required to maintain records documenting FMLA compliance, they are free to maintain these records in a format that is convenient for them. For example, employer medical files may be maintained electronically or in paper form. However, electronic records must be made available in paper form when requested by the Department of Labor. The Department of Labor requires that these records be kept for no less than three years.
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References
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